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AB-2558 Department of Transportation: projects: fish passage.(2023-2024)

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Date Published: 02/14/2024 09:00 PM
AB2558:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2558

Introduced by Assembly Member Hart

February 14, 2024

An act to amend Section 5901 of the Fish and Game Code, and to amend Sections 156, 156.1, 156.2, 156.3, 156.4, and 156.5 of the Streets and Highways Code, relating to fish passage.


LEGISLATIVE COUNSEL'S DIGEST


AB 2558, as introduced, Hart. Department of Transportation: projects: fish passage.
Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law, through the year 2025, requires the department to prepare an annual report to the Legislature describing the status of the department’s progress in locating, assessing, and remediating barriers to fish passage. Existing law requires the department to pursue development of a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to fish passage that will streamline the permitting process for projects.
This bill would extend this annual reporting requirement until the year 2030 and would require the reports to include other specified information. The bill would impose a deadline of January 1, 2026, for the department to implement the programmatic environmental review process.
Before the commencement of project design for a project using state or federal transportation funds, existing law requires the department to ensure that an assessment of potential barriers to fish passage is completed if the project affects a stream crossing on a stream where anadromous fish are, or historically were, found. If any structural barrier to passage exists, existing law requires remediation of the problem to be designed into the project by the implementing agency.
This bill would expand the projects for which an assessment is required to also include a project that is adjacent to, or has a nexus with, a stream where anadromous fish are, or historically were, found. If any structural barrier to passage exists, the bill would require remediation of the problem by removal of the fish passage barrier to be designed into the project by the implementing agency and remedied at the time of the project’s construction.
Existing law prohibits, in certain fish and game districts, the construction or maintenance of any device or contrivance that prevents, impedes, or tends to prevent or impede, the passing of fish up and down stream. Existing law makes a violation of this provision a crime.
This bill would eliminate the requirement that the prohibition apply only in certain fish and game districts, thereby expanding the prohibition statewide. By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5901 of the Fish and Game Code is amended to read:

5901.
 Except as otherwise provided in this code, it is unlawful to construct or maintain in any stream in Districts 1, 138, 112, 2, 214, 212, 3, 312, 4, 418, 412, 434, 11, 12, 13, 23, and 25, any device or contrivance that prevents, impedes, or tends to prevent or impede, the passing of fish up and down stream.

SEC. 2.

 Section 156 of the Streets and Highways Code is amended to read:

156.
 For purposes of this article, the following definitions shall apply:
(a) “Barrier” means any human-made culvert, stream crossing, grade control structure, or other highway-associated infrastructure that prevents or inhibits fish passage.
(b) “Department” means the Department of Transportation.

(a)

(c) “Fish passage” means the ability of an anadromous fish to access appropriate habitat at all points in its life cycle, including spawning and rearing.

(b)“Department” means the Department of Transportation.

SEC. 3.

 Section 156.1 of the Streets and Highways Code is amended to read:

156.1.
 (a) The Director of Transportation shall prepare an annual report describing the status of the department’s progress in locating, assessing, and remediating barriers to fish passage. barriers, including a justification for any reprioritization or delay in the remediation of barriers. This report shall be given submitted to the Legislature by October 31 of each year through the year 2025. 2030.
(b) Each report issued after October 31, 2016, shall include a status report on the remediation of barriers to fish passage on projects that have been identified pursuant to Section 156.5. The status report shall include, but is not limited to, all of the following information regarding a project identified pursuant to Section 156.5:
(1) Any updated information received by the department from the Department of Fish and Wildlife regarding the barriers to fish passage on the project.
(2) Whether funding has been committed to the project.
(3) The source of any funding for the project.
(4) The budget summary of the project.
(5) The status of inspections of culverts to ensure they are functioning properly and any other actions by the department to assess or remediate barriers to fish passage on the project.
(6) The applicable program initiation document work plan review.
(7) The estimated completion date for the project.
(c) A report to be submitted pursuant this section shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 4.

 Section 156.2 of the Streets and Highways Code is amended to read:

156.2.
 The department shall pursue development of a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to fish passage that will streamline the permitting process for projects. projects, and shall implement this review process no later than January 1, 2026. The department shall include a description of its progress on this review process in the report specified in Section 156.1.

SEC. 5.

 Section 156.3 of the Streets and Highways Code is amended to read:

156.3.
 For any project using state or federal transportation funds programmed after January 1, 2006, the department shall ensure that, if the project affects a stream crossing on on, is adjacent to, or has a nexus with a stream where anadromous fish are, or historically were, found, an assessment of potential barriers to fish passage is done prior to before commencing project design. The department shall submit the assessment to the Department of Fish and Game Wildlife and add it to the CALFISH database. If any structural barrier to passage exists, remediation of the problem by removal of the barrier shall be designed into the project by the implementing agency. agency and remedied at the time of the project’s construction. New projects shall be constructed so that they do not present a barrier to fish passage. barrier. When barriers to fish passage are being addressed, plans and projects shall be developed in consultation with the Department of Fish and Game. Wildlife.

SEC. 6.

 Section 156.4 of the Streets and Highways Code is amended to read:

156.4.
 For any repair or construction project using state or federal transportation funds that affects a stream crossing on on, is adjacent to, or has a nexus with a stream where anadromous fish are, or historically were, found, the department shall perform an assessment of the site for potential barriers to fish passage and submit the assessment to the Department of Fish and Game. Wildlife.

SEC. 7.

 Section 156.5 of the Streets and Highways Code is amended to read:

156.5.
 (a) The Department of Fish and Wildlife shall identify projects described in this article that present the most significant barriers to fish passage. barriers.
(b) The department shall prioritize and expedite the remediation of barriers to fish passage barriers on projects identified pursuant to subdivision (a).
(c) For the 2015–16 fiscal year, the sum of five million dollars ($5,000,000) is hereby appropriated from the State Highway Account in the State Transportation Fund to the Department of Transportation for the identification and remediation of high-priority fish passages consistent with this section and Section 156.1.

SEC. 8.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.